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03-4957 - Allen v. Costello


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03-4957 - Allen v. Costello
January 7, 2008
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MEMORANDUM & ORDER: The Court has considered the petition de novo and adopts the Report and Recommendation. For the reasons explained therein and above, petitioner's application for a writ of habeas corpus is denied, and the petition is dismissed. Because petitioner has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), a certificate of appealability shall not issue. In addition, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The Clerk of Court is directed to close this case. C/M. Forwarded for judgment. Ordered by Chief Judge Raymond J. Dearie on 1/4/08. (Chee, Alvin)
February 8, 2008
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MEMORANDUM AND ORDER: The Court construes petitioner's letter dated 1/4/08 as a motion for reconsideration pursuant to Rule 59(e) of the FRCP, and Local Rule 6.3. Petitioner's motion for reconsideration is denied. Because petitioner has not made a substantial showing of the denial of any constitutional right, no certificate of appealability shall issue. Petitioner shall have 30 days from the entry of this order to file a notice of appeal from the judgment entered denying his application for a writ of habeas corpus under Federal Rule of Appellate Procedure 4(a)(4)(A)(v). However, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore IFP status is denied for purpose of an appeal. C/M with appeals package. Ordered by Chief Judge Raymond J. Dearie on 2/7/08. (Chee, Alvin)